Gibbs meets James
by Gibbs17
Summary: The introduction of how Gibbs meets James, a 10 year old abused kid with an attitude. Eventual adoption! This is my first story - so please R&R!
1. Chapter 1

Disclaimer: I own none of the NCIS characters.

'Gibbs.' Jethro Gibbs answered his phone and answered a short reply before snapping it shut. His team looked up hopefully, desperately in need of a change from the cold cases they had been following up.

'Gear up' he ordered, and the three was on their boss's heels and in the elevator in a record time of 3.21 seconds.

'What we got Boss?' DiNozzo asked.

'Dead marine. Head and knife wound.'

'At Quantico?' McGee asked.

'No.' Gibbs replied.

...

After a terrifying drive by Ziva (DiNozzo lost the shotgun but was silenced from retaliating by a glare from Gibbs) the team started to examine the crime scene. Ducky turned up later, with Jimmy trailing behind, with Ducky again lecturing him on his lack of directional sense.

'McGee - sketch and shoot. DiNozzo - evidence. Ziva - with me.'

Gibbs and Ziva made their way towards a gradually growing crowd of people - being 7.45, people were starting to leave for work. One woman in particular caught Gibbs' eye which caused him to make a beeline for her, ignoring any people who shouted questions at him as he moved. He briskly ordered Ziva to question another person before flipping his badge at the woman.

'I'm Special Agent Gibbs. What did you see?' The woman swelled and gave the people around her a smug look before launching into her story and gushing out the details. Gibbs held a hand up to stop her.

'So you didn't actually discover the body?' he interrupted.

'No, the kid did.'

'The kid.' At this Gibbs senses went hyperactive - he hated anyone doing anything harmful to children. 'Do you know him? What time was this?'

'Sort of.' The woman replied. 'I have a picture of him on my phone because he used to babysit the Colonel's son and I did occasionally too. I saw him around 7.00.'

'Can I see the picture?'

'Sure. Sorry I can't be more helpful.' She found the picture - which took some doing as she wasn't the most technically advanced woman. Gibbs was becoming more impatient with the waiting so asked,

'You said he looked after the Colonel's kid? How old is he then? '

'I'm not sure.' She replied. 'He's an odd kid. I'm not sure what he's doing here today though - Max isn't here.'

'Max is the Colonel's son? Where is he?' Gibbs almost growled.

'Colonel Johnston is divorced. His mother picked him up last night.' Gibbs studied the picture the woman found. It was a boy, Gibbs reckoned he looked about eight or nine, was skinny with dark brown hair and blue eyes. He was grinning at a boy who the woman informed him was Max - who was laughing in the camera's direction. Gibbs was in disbelief.

'This kid found the body?'

'Yes.'

'Where did he go?' Gibbs barked.

'I'm not sure.' The woman didn't seem at all concerned.

'You didn't try to find him? Ask him if he's ok? After finding a body?' Gibbs tone of voice had hardened, and the woman no longer seemed so keen to talk to him.

'No.' She replied. 'I told you - he's a strange kid. Well, I think he found the body as I only saw him come out the house and the body's right behind the car. The door is unlocked- see? An ambulance arrived in minutes, so I asked them what had happened and by the time I knew he'd gone.' Gibbs was infuriated with the woman's attitude - she obviously didn't have children because any sane mother would have tried to stop the kid. Gibbs called Ziva over to take a picture of the anonymous kid on her phone, nodded to the woman and gave her his card while telling her to call him if she remembered anything else.

McGee came over to Gibbs, 'I have a positive I.D. on the victim - Colonel Johnston. And a witness saw a black SUV leaving this street around 07.00.' Gibbs inwardly groaned - Really? A black SUV? One of the most popular vehicles in New York?

'Alright. Put a BOLO out.' Gibbs said.

'Already done Boss.'

...

'Time of death Duck?'

'About 06.50, I think. He's been dead less than two hours. There's very little signs of rigor mortis.' At this Ducky looked up at Gibbs, 'Jethro? Are you alright?'

'A kid found the body Duck. He can't be more than eight or nine.'

'Ah.' Ducky said understandingly. 'Have you spoken to him?'

'He's disappeared.'

'Oh. I'll get the body home, there's not much more I can do here Jethro.'

'Right. I'll see you back at base.'

'McGee. DiNozzo. David - get back to the van. We're leaving.'

'Sure thing, Boss.'

'On it Bossman'

'Yes Gibbs'

...

It had been a silent journey back. Luckily Gibbs filled them in on his witness's statement, but the other ten minutes was painfully slow, even DiNozzo didn't crack a joke. No one messed with Gibbs when he was in this mood.

PING. Gibbs delegated tasks to his team. 'Tony take the evidence down to Abby's. Ziva talk to the ex-wife and check Max is with her. After that, give me anything we have on Colonel Johnston. McGee - run facial rec or some gadgety thing on this photo - I want to know who he is.'

'Me Boss? Why not Abby?.' CRACK. 'Got it Boss, Abby's busy with evidence.'

'I need coffee.'

PING. 'Boss! The kid - Matthew James Baxter. He's lived in the USA since he was six and is in the care of a Jack Harper. Not sure yet why he moved here.' McGee explained.

'McGee...'

'Address already on your phone Boss. 26 Fifth Street.' Gibbs sent an appreciative glance in McGee's direction.

'DiNozzo - with me. McGee keep digging.'

'On your six, Boss!'

Gibbs and DiNozzo had rung the bell three times and checked round the back of the house but no one was home. Gibbs felt someone watching him, so spun around in time to see an old lady next door disappear behind a curtain. 'DiNozzo' he stated. After a nod from DiNozzo they headed over to the house.

They chatted with the woman before asking about the house and showing her the photo. 'Ah.' She said. 'You wont find him here. He only uses this place to sleep in. He spends most of his time at a diner two blocks that way.' She pointed in that direction.

The duo entered the diner. Being around 10.30, it was barely full but separate booths stopped them immediately seeing everywhere. They made their way over to the man standing behind the counter. Gibbs showed him the photo and explained, 'This is Matthew Baxter. We were told he spends a lot of time here?'

'James?' Asked the man, confused. 'Sure. He's (DING)... not here.'

'Get him DiNozzo.' Gibbs had seen the partial flicker of the man's eyes towards the door and he understood. DiNozzo took chase. Gibbs berated the man for lying and asked a few more questions about the kid's character before leaving. He was surprised by the answers. Matthew came in at random times, like 11.00 at night, and liked to help Henry (the owner) cook. And he drank coffee - Gibbs was getting a strange feeling about this kid.

After leaving the diner, Gibbs' first sight showed him a puffed DiNozzo half-dragging the boy back to the car. In cuffs. 'DiNozzo!' Gibbs yelled. 'You cuffed him?'

'Sorry Boss. I had to - he wouldn't hold still!' DiNozzo had to shout as he was still some distance away - plus the fact the kid was screaming at him in some foreign language Gibbs thought was Italian. Anyway, DiNozzo seemed to understand it because of the bemused way he was looking at the kid. Gibbs may have found it funny if he hadn't been so pissed that a kid had almost outrun his senior field agent.

'Matthew Baxter?' The boy stopped screaming but just glared at Gibbs. Henry came out from the diner.

'Sorry kiddo. They're cops. Talk to them.' In response, Matthew just glared at him. Henry sighed and went back inside.

'Matthew? Where's your godfather - Jack Harper?' Matthew, I'm an NCIS Agent called Agent Gibbs and Agent DiNozzo.' Gibbs gestured. 'Talk to us - you're safe with us.' Matthew just stared at Gibbs during this speech - keeping eye contact - which DiNozzo found unnerving as he found that difficult to do sometimes. Gibbs eventually realized he wasn't going to get an answer easily by asking gently so he glared instead. Matthew finally dropped his gaze.

''Matthew Baxter?' Gibbs said, it was more of a statement than a question. On closer inspection, Gibbs realized he was a bit worse for wear - he had a fresh looking bruise forming a black eye.

'Don't f**king call me that. It's James.'

'James. If you wont co-operate with us I will have to take you back to NCIS headquarters.' James still didn't respond, Gibbs sighed, and uncuffed him to take him back to the car. James made a run for it, taking DiNozzo by surprise, and leapfrogging his way over some bins before Gibbs went round the back and caught him. Back at the car, DiNozzo smiled wryly at James -

'You shouldn't have done that. You just annoyed an already irritated Gibbs.'

Gibbs put the unresponsive boy into the back , who had just rolled his eyes at that comment, and the ride back was even more unpleasant that the ride that morning.


	2. Chapter 2

**Chapter 2**

Disclaimer: I own none of the NCIS characters.

Gibbs was bombarded with facts about James when he returned. He told DiNozzo to take James to an interrogation room - after head-slapping DiNozzo when he suggested a conference room instead. It turned out to be James' birthday, and four years to the day since he moved to the USA from Britain. His mother had committed suicide after being diagnosed as a manic depressive two years before her death. There was also a strange nine month period in his life McGee couldn't yet access - they were being blocked by Social Services - which implied he had also been in foster care. He also got some loosely related background information from McGee - such as his school reports generally saying, 'Has potential, never does any work apart from occasionally Maths, and constantly disruptive in class.' Gibbs grinned - he knew someone who could relate to this boy.

After ordering his team to pull any security footage from the crime scene, to look for potential suspects, Gibbs went to get a Caf Pow! for Abby before making his way down to her lab to check in with her. Abby went into her alien language mode before concluding in English that the marine issue knife found at the murder scene was the weapon. This supported Ducky's finding in the autopsy that the knife wound, not the head wound, was the cause of death. Ducky also said there was evidence of a fist fight before death.

...

Gibbs (this had taken him around 15 minutes) decided to visit James in interrogation, having thought he would have had enough time to think. He called DiNozzo to do it, who was slightly alarmed at the prospect of interviewing him.

'Why me Boss?' he whined. 'Shouldn't you use your Gibbs-ness to do it?'

'No - go on. He wont bite.'

DiNozzo asked some basic questions but got no response. James was also refusing to sit on a chair, instead he was standing at the side of the room with his back to the wall. DiNozzo kept asking questions until he got answers - but only to what James thought were 'relevant' questions. Gibbs was amused at the boys antics, but also worried as he suspected there was a darker reason for them. After calling for Ducky to come up from autopsy, he called DiNozzo into the viewing room.

'I think he's being abused. Ask him about it.'

'I can't get through to him Boss. I can't.' Gibbs was surprised, DiNozzo was usually very persistent.

'Try. I need to talk to Duck. I'll go in if he doesn't talk in 10.'

As DiNozzo reappeared back in interrogation, Ducky arrived.

'Jethro? You wanted to see me?' he inquired.

'I want another opinion on him Duck.' Ducky nodded and watched the interview in silence.

In interrogation, DiNozzo had an idea - he couldn't believe he didn't think of it before. 'So, you speak Italian?' he asked - in Italian. James' head snapped up and he looked surprised for a second before going back to his (slowly softening) glare.

'Yeah. How'd you know?' he said, answering back in very good Italian. DiNozzo suspected it wasn't his first language though - he'd learned it.

'Let's just say the stuff you yelled at me could only have been said by someone who spoke Italian fluently.' DiNozzo replied, switching back to English for Gibbs' benefit.

For the first time, James looked sheepish. 'Oh yeah. Language gets away with me sometimes.'

DiNozzo was pleased with this little breakthrough. 'Are you going to talk to me now?'

James' attitude switched in a microsecond. 'Look. I know I'm being watched. I'm not stupid. But I don't know anything so you have to let me go.'

Back behind the glass Gibbs commented to Ducky, 'He's a smart kid.'

'Yes. But I've never seen such a young child so guarded before.' Ducky in-putted. Gibbs agreed with him. 'Him being abused is one explanation.'

At that, Gibbs decided to take over from DiNozzo so he entered interrogation and gestured for DiNozzo to leave - receiving a half gratified look in return.

'Agent Gibbs! Was I too much for Agent DiNozzo?' James said with a mischievous grin. Gibbs had to admire the boy's nerve - however - he also needed some answers.

'Sit.' Gibbs said, indicating the chair in front of him.

'No.' Behind the glass, bot Ducky and DiNozzo raised their eyebrows. Gibbs flipped like a switch.

'Sit down now Matthew!' he commanded in his Gunny voice. DiNozzo wasn't sure about this approach, despite knowing Gibbs was great with children. However, he still cringed at the tone - it no longer mattered - Ducky had just left. James stared, obviously debating how far he could push this man. 'It wasn't a suggestion Matthew.' At this, James realized this wasn't a guy he could mess with, and sat. He was stiff, but hid it very well. You could probably only notice if you were looking for it.

'Tell me what you saw.' Gibbs stated.

'I didn't see...' James started.

'Don't lie. We have a witness who saw you this morning around 7 o'clock leaving Colonel Johnston's house. So - let me say it again - What. Did. You. See?'

After a pause, James spoke. 'I got there around 6.55. I walked up his drive and saw him lying there - he was bleeding. So I went over to him and put my hand on his chest were most of the blood was to try to stop the bleeding before I realized there was no heartbeat.'

'Why were you there so early?'

'I look after Max on Saturday mornings.'

'Colonel Johnston's son?'

'Yeah.'

'What happened next?' Gibbs continued.

James began to get agitated and drummed his fingers on the table. Gibbs tried to ignore it and waited, sensing he needed time before he continued. James gave Gibbs a quizzical look, but Gibbs returned his look with a 'no nonsense' face. James started to speak - fairly quickly too. He explained how he'd gone inside to check for Max, before realizing his mum had him. He then told Gibbs how he had called 911 using the land line and that the ambulance and a crowd of people (who had worked out what had happened) were there when he got back outside.

'Why did you run when we asked Henry about you?'

'Because some random guy was chasing me!' James said, getting angry again.

'Calm down. Give me a real reason.'

'Look Gibbs, you're not going to get one. I've told you everything. Can I go now?'

'No. I need more information.'

'Can I at least have some of your coffee then?' In the viewing room, DiNozzo's eyebrows shot into his hairline.

'Nope. Rule 23.' James looked puzzled and annoyed, but didn't comment. 'Why coffee? How long have you been drinking it?' Gibbs questioned.

'I like it. And it's none of your business.' Gibbs now knew this kid was hiding something - the very fact that he had told his story while remaining emotionless astounded him. It wasn't unusual for some adults he'd interviewed after finding a body to end up in tears.

'You can trust us James. We can help.' Gibbs saw a flicker of longing, but it was gone so quickly he could have been imagining it. James studied him, then gave a laugh. God, this kid reminded him of Tony.

'What else then?' He asked in slight annoyance.

'Someone told me you're being abused.' It was a statement, but James didn't react. He did, however, laugh again. Except, Gibbs noticed the smile didn't quite reach his eyes. He was still amazed by James, to the untrained eye you wouldn't know, he was a good actor as well as a good liar.

'Whoever told you that must be the same person who told you that shirt and jacket look good together.' Gibbs smiled humourlessly - he didn't appreciate the attitude.

'Lose the attitude. James, you're a smart kid - you showed that today. But you shouldn't lie to me. Look me in the eye and tell me you're not being abused.'

James gave a frustrated half shriek and brought his right fist down on the table. Gibbs knew he shouldn't, but he let it slide.

'I hate this stupid day.' He muttered angrily. He said no more, so Gibbs took this as confirmation.

'Come on.' Gibbs encouraged gently, 'I'm not going anywhere.'

After what felt like a long few minutes where James just glared into the walls, James sighed. Gibbs hoped this was a good sign and had a feeling he was about to do something he had never done before.

James unzipped his hoodie where there was a mass of dried blood. 'It's Johnston's', he explained, Gibbs merely nodded for him to continue.

James stood up and slowly lifted his t-shirt. Gibbs and DiNozzo both swore.

Underneath his shirt, covering the entirety of his ribs, was a mass of red and purple bruises.

...


	3. Chapter 3

**Chapter 3 **

Author's Note: There's another revelation about James' previous life in this chapter. However, I hope it shows that James is starting to trust Gibbs.

Disclaimer: I own none of the NCIS characters.

Gibbs' first thought was to strangle the bastard who had done this. He yet again marvelled at the kid's ability to talk through what must be a heck of a lot of pain. He decided to take him to see Ducky. James looked worried at the expression on Gibbs' face.

'Don't be mad.'

'I'm not. Not at you anyway. You need to see a doctor.'

'No. I don't do doctors.'

'It wasn't a request.' Gibbs had to remember that, the statement had a lot of effect.

Gibbs opened the door to find DiNozzo there, where they both escorted him down to autopsy. Gibbs announced to Ducky, 'Got a live one for you here Duck.'

'Ah hello my boy - What's your name?' Ducky asked.

'James.'

'You're British! How exiting! A fellow Briton to talk to!' James looked amazed at the ageing man's ability to pick up on this so quickly.

'Uh. Yeah.' At this, Gibbs cleared his throat to bring Ducky back to the task in hand before he launched into stories of his youth.

'He's a patient Duck. He needs examining.' James stuttered but Gibbs glared at him, so he settled for scowling instead. Gibbs motioned for him to sit on one of the steel tables.

'DiNozzo - help McGee.' Gibbs ordered. DiNozzo left the room.

'Mr Palmer, please take these samples to Abby.' Ducky asked.

'Yes Dr. Mallard.'

Gibbs explained that James' ribs were majorly bruised whilst James looked awkward and appeared to be trying to melt into the steel table.

'Yes thank you. I shall examine him now.'

'Right then my boy. Let's take a look at you. Could you please remove your shirt?'

James shook his head. 'Matthew - ' Gibbs warned.

'Ahh. I hate this stupid day. Can't I just lift it up - not take it off completely?' he almost pleaded. Gibbs hated that - it was the most desperate emotion he'd seen.

'James, despite what you may think, I'm not forcing you. But I know you must be in a lot of pain and Ducky can help.' He said gently.

'Dr. Mallard?'

'Yes that's me. Call me Ducky.' he replied, as James continued to consider. He hesitated a few more seconds before looking at Gibbs and repeating-

'Don't be mad.'

James shrugged before relenting and slowly removing his shirt. He had a long sleeve top on, and the reason was obvious. On his left arm was a bandage that had been roughly tied on in an attempt to stop bleeding.

'Why didn't you tell me! I never would have questioned you so long!' Gibbs said, on the verge of becoming angry. James shrugged and Ducky removed the bandage. There was a millisecond of a wince.

'Never mind now. I can help him here.' Ducky said passively. Ducky proceeded to prod James in various places, asked him to stand up and he even checked for a concussion. He declared there was no signs of internal bleeding.

'But my boy, I am surprised how you managed to talk, let alone walk easily, with these ribs of yours. They are not broken but they've swelled up quite badly.' Ducky paused, then continued, 'I'm just going to check his medical records. How about you get some coffee?' he directed at Gibbs.

Gibbs nodded and said to James, gently but firmly, 'Listen to me James. Ducky's going to patch you up and you'll do as he asks. Then he's going to give you something for the pain.'

'I don't need anything.' James argued.

'It wasn't a suggestion. If you're lucky, Ducky might have some tea with you afterwards. I'm guessing you like tea too?' James nodded, sensing his defeat. Gibbs said goodbye to James and turned to leave.

'Jethro?'

'Jethro! That's your name?!' James laughed, it wasn't fake this time, and Gibbs grinned back at him.

'It says here James that you were tested for insomnia at age 6?'

'Yes.' All traces of laughter were now gone.

Ducky printed the paper out, wrote something down on it and passed it to Gibbs, who read it, nodded at James and left the room.

In the elevator Gibbs struggled with his emotions and hit the emergency stop. He hadn't wanted to leave, but he had to get out of there before he said something he may have regretted. The paper had said that nothing was prescribed for James as the clinic thought he was faking insomnia. Bastards, Gibbs thought. Why would a 6 year old fake insomnia? He reminded himself to get Ducky to give him a sleeping pill later so hopefully he could get a couple of hours rack.

'Did you get any sleep last night James?' Ducky asked kindly.

'Trust the record. Everyone else does.' He replied bitterly.

'I believe you.'

James didn't reply, so Ducky thought he would ask the question again later. Perhaps with Gibbs there. Ducky busied himself with James. He cleaned the cut on James' arm before putting a few stitches in it (James eventually let him use a numbing gel to ease the pain) and put a bandage on it. After a while, James realized he had eased up on the questions and relaxed slightly as Ducky reminisced about another patient he'd had. Jimmy returned and cleaned the pipettes - again. Ducky then moved to his ribs, where he applied cooling lotion, before wrapping them tightly to prevent further swelling. As Ducky moved around to check for injuries on his back, James prepared himself for the inevitable question.

'My dear boy! How...'

'Please. Don't.' James asked, looking Ducky straight in the eye.

However, Ducky being Ducky, continued, 'This is serious. Please tell me how it happened.'

'No. Dr. Mallard. Please.'

Ducky gave up. He had a feeling 'please' wasn't something James said very often. Thinking about how stubborn James was he deduced that the welts were a couple of years old. However, he took one last shot at a question.

'Ok James. Last question about this. Please just tell me if these were inflicted by the same person who caused the bruises?' James shook his head, and Ducky continued to chat away as though nothing had happened.

Ducky finished and decided to make tea for them both (he sent Palmer on another errand) and James brightened up. As he made it he asked, 'You like tea then? Is it because it's British or the taste? Or that it contains caffeine? Or perhaps that there's an art to making it?'

'What do you mean, an art to making tea?' James asked.

'Ah, my boy, there is an art to making tea. You need a good pot, and it needs to brew for exactly 3 minutes...' It wasn't until later that Ducky realized James hadn't even answered that simple question. Attempting a psych analysis would be difficult.

...

Back near the squad room, Gibbs realized he'd gone the wrong way to get out of the building. That just reminded him how angry he was as he crossed the through the squad room, past his team who anticipated his need of information.

'Save it.' He told his team, 'I'll be back in a thirty.'

He took the stairs down to get out of the building, needing the physical exertion despite his very slightly dodgy knees. He was desperately trying not to break rule 10.

...

Gibbs returned to autopsy in 28 minutes where Ducky was still talking about his school days as a boy.

'Ah Jethro! I've just been telling young James here about when...' Ducky explained, but after catching sight of Gibbs' face he said, 'But never mind my dear fellow - I shall finish my story another time!'

'James, I got you some clothes. You can put them on now.' Gibbs passed him the bag.

'You didn't need to do that.' James said.

'I wanted to,' replied Gibbs swiftly, 'Palmer! Show him where he can change.'

'Yes sir. I mean Gibbs. Sorry sir.' James surprised himself by following Jimmy, who began telling him how often he showered in the nearby bathrooms. At that, James nearly turned around, but a pointed look from Gibbs changed his mind.

Gibbs turned to Ducky - 'Something bothering you Duck?'

'Oh yes. The poor lad's been through hell and back.' he answered. Gibbs raised his eyebrows - Ducky rarely used words like that.

'Well yeah Duck. He's obviously being abused. I am going to find the bastard who did.'

'I know. But he was being abused before he was abused - if you catch my drift.' Gibbs looked at Ducky to elaborate, which he did, ' There's welts on his back Jethro, They look about four or five years old.'

Gibbs lashed out at a nearby cabinet with another one of his famous phrases.

Ducky frowned at him. 'Temper Jethro. He'll be back any moment. You don't want to lose the little trust you've earnt.'

'I don't think he trusts anyone at the moment Duck.'

Ducky was stopped from replying due to arrival of Jimmy and James. James was clad in a new red t-shirt, blue zip-up hoodie, jeans and socks.

'Thanks Gibbs - this stuff is awesome!'

Gibbs smiled at him and told him to put his shoes on.

'Duck, he needs some painkillers. Or sleeping pills. Just something.'

As Ducky returned with some foil sealed pills he said, 'This should do the trick. These particular painkillers should let him sleep for at least 3 hours.'

Gibbs nodded his thanks and gave James a Gibbs-stare to stop him arguing about taking the medication. After asking James to follow him, Gibbs left the room.

...

James was just thinking about how he surprised himself by following directions again when Gibbs hit the emergency stop. There was something James noticed about the familiarity of the action that caused him to prepare himself.

'Why do you prefer James over Matthew?' Gibbs asked. There was no response.

'Do you have any relatives apart from Jack?'

'No.' James simply said, adopting the technique he used in the interrogation room - staring at the walls. Gibbs was half-pleased they were getting somewhere.

'Did Jack do this to you?' There was still no response but there was a change of tactic - James proceeded to look at Gibbs with amusement.

'What caused the welts?' Gibbs saw it again - the flicker of fear. It was gone in seconds and almost undetectable to the untrained eye. As James returned to look at the wall, Gibbs not wanting to bring back vivid memories, decided to give it a rest. He also realized James had reached a limit, so he hit the stop button and the elevator began to move again.

Back in the squad room, James was introduced to the rest of the team. Considering his attitude, James could also be quite polite. He chatted easily with McGee about computers - who he took a shine to. This surprised Gibbs seeming as he had more in common with Tony. Gibbs let him talk for a moment. He didn't dare talk about the case - he knew James wouldn't miss a thing.

'Hey.' Gibbs said, but not unkindly, 'Let's go.' and he beckoned for James to follow him. Gibbs grabbed something from his drawer before leading James to a conference room.

Gibbs pointed to the sofa, 'Sit.'

'What, more questions?' James asked sarcastically.

'How are the ribs and arm?'

'Shut the f**k up.'

'Lose the attitude.'

'Could be better, could be worse.'

'I want you to take these pills. They'll help the pain and give you a couple of hours sleep.'

'I'm not tired.'

'You will be once you take the pills. You can sleep here but you're not allowed to be left unaccompanied in the building so there will be an agent outside the door.'

'I don't need a babysitter.'

'I know - that's why he's posted outside.'

'I wont be able to sleep with... you know...' James stuttered. Gibbs suspected he wouldn't be able to sleep with anyone close so told him,

'The door locks from the inside. So you can unlock to come and see me when you wake up.' Of course, Gibbs had an outside key for emergencies, but James didn't need to know that right now. James was struggling to find a comeback and by the looks of things not coming up with any decent ones.

'I'm still not tired.' he tried.

'Enough,' Gibbs said, ' Here's some water and the pills. I'll leave once you've taken them so you can lock the door and grab some sleep on that couch.'

Eventually, after taking the pills, James smiled at Gibbs. Gibbs could tell it was genuine this time.

'Gibbs?' Gibbs turned around and looked at James.

'Thank you.'

Gibbs smiled back and left the room.


	4. Chapter 4

**Chapter 4**

James woke up exactly 3 hours later. He was escorted to Gibbs desk while constantly scowling at his designated agent.

'Hey James!' McGee said, and called him over where they proceeded to chat about (in Gibbs' view anyway) some nonsense computer games. Gibbs let it happen, relieved that James was having some sort of release. Once again he marvelled at how well he got on with McGee who was James' polar opposite.

'Hey, McMeHungry - get lunch for us.'

'No way Tony - I bought yesterday!' McGee replied indignantly.

'McGee get it for everyone - including Abby and James. DiNozzo will pay.' Gibbs said, keen to put a stop to the bickering he knew would happen.

'Aw Boss!' DiNozzo whined.

'DiNozzo!'

'Yes Boss. Paying McGee Boss.'

As McGee left the squad room James turned to Gibbs, 'I'm not hungry!'

Gibbs looked up - whining was new.

'Neither am I but I still eat.' Gibbs answered, which put an abrupt end to the conversation.

Gibbs threw a ball of elastic bands at James and told him to take it apart and put it back together again. James wanted to argue, but thought better of it after a glance at Gibbs. Anyway, he didn't mind doing things to keep busy.

Gibbs checked his email - which was very unusual - but only because his team had taken the hint that nothing could be said in front of James - he wouldn't miss a thing. DiNozzo's brief email updated him that they still couldn't get hold of James' guardian. Gibbs frowned at this - his gut told him that he disliked the guy.

'Coming Abby.' DiNozzo said into his phone before disappearing to her lab.

Gibbs was dealing with paperwork when there was a cautious,

'Gibbs?' from James. Gibbs merely raised his eyebrows. 'There's something I should have told you.'

'Uh huh.' Gibbs said slowly.

James looked guilty before grabbing a pen and paper from McGee's desk, writing something down and walking it over to Gibbs to deposit it on his desk.

'It's a bit of a number plate. From a black car I saw leaving Johnston's house this morning. I heard McGee talking about a black car?'

Gibbs nodded his thanks. This boy continued to surprise him - he wondered what he would come up with next. To remember some of a number plate at 10 was quite impressive.

'I'm sorry.'

'Don't apologize. It's a sign of weakness.'

...

The team ate in silence as they were all busy working on the case. James only managed half his cheeseburger but Gibbs let it slide. After about half an hour he looked up to see an uncomfortable looking James.

'James - are you ok?'

James nodded but then shook his head. 'Actually it's kinda getting difficult to breathe' he said in a rasping voice.

James was still managing to look embarrassed as Gibbs ordered DiNozzo to call Ducky. However, five minutes later he was sorted by Ducky (and to an extent Jimmy) - this time he didn't object to the treatment.

'Just a delayed response Jethro. It happens sometimes - his body must have still been running on adrenaline when I examined him. The painkillers and the sleep must have delayed it even longer. He should be fine now.' Ducky explained to Gibbs who still didn't look convinced.  
'He should take these painkillers every four hours . These ones are non-drowsy. Though I dare-say some sleeping tablets may come in useful tonight.' Gibbs agreed and looked at James, who had just recovered and was breathing normally again.

'You'll be alright now James.' Jimmy said reassuringly and placed his hand on the back of James' neck. Gibbs, Jimmy and Ducky all saw it happen as if in slow motion. Jimmy quickly withdrew is hand.

'Palmer!' Gibbs roared as he simultaneously head-slapped Jimmy. There was no doubt that James had just been triggered - it often occurred with those who had had traumatic experiences. James just stared straight ahead, seemingly oblivious, but Gibbs wanted to snap him out of what ever head space he had fallen into.

'James?' He asked with no response. Gibbs took a breath to prepare himself for what he was about to say - but he thought it might work.  
'Matthew James Baxter - look at me now!' he said forcefully. At this, James' head snapped up and he locked eyes with Gibbs.

'Bathroom?' James muttered. Gibbs understood and led the way before following him in.

'Alright Matthew,' he said gently, 'how about you wash your face?' James nodded and obliged. As he did so, he began to awaken from his trance and started to get angry again. However, this resulted in him kicking the wall in annoyance.

'Cut it out Matthew.' Gibbs said firmly but kindly. James began to calm down. It was then that Gibbs realized the provenance of the last few minutes. James responded to James most of the time but Matthew when he was angry or upset. He couldn't put his finger on why that was yet. James had also told Gibbs, after he had asked the for the first time, that there was something wrong with his breathing. That was something, Gibbs realized - he wondered if James was beginning to trust him.

'Sorry.' James mumbled.

'What did I say about apologizing? Now, I'm going to get some coffee. Wanna come?'

James grinned.

On the way to Gibbs' favourite coffee shop James talked - a bit. In the same way Gibbs talked a little too. It wasn't awkward so James talked about school and Gibbs said some things about his boat. Once again Gibbs marvelled at the kid - his mannerisms - and cursed the people who had influenced his life.

Gibbs threw caution to the wind and again asked, 'Why do you prefer James over Matthew?' However he got no answer so swiftly changed the subject. 'Tell me about Max.'

That got a response. James was off explaining about the first time he had met Max. He told Gibbs that Johnston (James had always called him that) had brought his car to the garage that Jack owns one day with his son. The car needed a lot of work so Jack had told James to watch Max, who was two the time, so that Johnston could supervise the repair work. Johnston could see that James got on really well with Max - despite them not being able have a full conversation - and things went from there.

'I never really looked after him completely on my own - Johnston usually worked upstairs when I was there. He went out a couple of times though but never for for more than a few hours.' James said simply. Gibbs was stunned - this was the most he'd heard James talk. He also agreed with Johnston - despite the fact that James appeared grown up - he was right not to leave him completely on his own because as was still young.

They walked back to the bullpen in a comfortable silence - Gibbs still thinking about the disgusted look on James face when he was asked if he wanted milk and sugar in his coffee. Back in the elevator, James suddenly said, 'My mother...my mother called me Matthew.' Gibbs was surprised but didn't show it. He nodded at James and he realized they had both reached a mutual understanding.

PING. 'Boss, you're not going to like this.' DiNozzo said with a meaningful look at James.

'McGee - take James to see Abby for a bit.' Gibbs ordered.

DiNozzo continued, 'The BOLO came back on the SUV. The car is registered to a Clare Martins. But - the car was at Bellfields motors at the time of the murder.'

'Jack Harper - the godfather - works there?'

'Yeah - how did you?... never mind' DiNozzo frowned. 'He owns and runs that garage for repairs.'

'Find him.' Gibbs growled.

James was completely bemused by Abby. She started babbling in that scientific language of hers at McGee while James could only stare. When she came up for air, McGee finally got a chance to introduce James. He also asked her to watch him a bit - James began to protest about being 'babysat' - but stopped when McGee glared at him. McGee grinned to himself - working for Gibbs had its uses. He felt a bit sorry leaving James with a hyperactive Abby (she was on her fifth Caf Pow! of the day) but considering he had tried to out-stare Gibbs earlier - Tony had filled him in - he reckoned he'd survive.

'I'll give you a tour.' Abby said excitedly.

'No tours.' Came a voice from the door.

'Gibbs! Come on - he needs to see everything!' Abby pleaded.

'You have work to do. And he needs some rest.'

'I don't...' Gibbs just shot another Gibbs-stare at him.

'Why?'

'No Abs. Come on - work. Email me when you find something.'

Gibbs turned to leave, 'Something's hinky James. Gibbs never uses email.'

...

In the hour that had passed Gibbs had gone to see Ducky. Ducky told him that head wound was caused by hitting the tarmac. There was also light bruising on his chest where he appeared to have been pushed. They both came to the conclusion that this must have been someone he knew - reactions of military personnel are usually better. Someone had then finished the job using the Johnston's own (Abby confirmed this) standard issue marine knife.

Back in the bullpen McGee filled Gibbs in on another potential suspect while DiNozzo and Ziva went to bring her - there was a chance it was the Clare Martins the car had belonged to. There was still nothing on the whereabouts Jack Harper. Gibbs' phone rang.  
'Gibbs.' There was a pause, 'Ok Abs. Be right down.'

Gibbs made his way down to her lab. Considering he'd told he to email him he was surprised she wanted to see him personally - it must be important. James wasn't there when he got there - Abby quickly explained that Ducky had him (James hadn't wanted to see Jimmy).  
Abby looked uncomfortable ask she began to talk. She babbled for a bit before Gibbs told her - in few words - to get on with it.  
'The DNA from Johnston's uniform got a match on APHIS. He already had a criminal record for drug possession. It belongs to Jack Harper.'

**Author's Note:** I am not a doctor - I therefore have no idea if a delayed response is possible and I have only written about it for the purpose of this story.


	5. Chapter 5

**Chapter 5 **

Gibbs was on his way to Ducky's while he was processing this information. He had to talk to James again. After getting James he led him to the conference room (James didn't want to go back but was once again persuaded by a Gibbs-stare) and told him to sit. After asking if he wanted coffee he sat down next to him.

'Agent Gibbs? Am I in trouble?' James asked.

'No. I just have some more questions. You'll answer them this time?' James nodded for - and for the first time did so without hesitation. Before Gibbs continued he let James have a sip of coffee.

'Argh! This is not coffee!' James exclaimed. Gibbs grinned, he thought that too.

'Ready?' Without waiting for James to change his mind he continued, 'Do Jack Harper and Colonel Johnston know each other?'

'Sort of.'

'Can you explain that?' Gibbs encouraged.

'You know I told you I met Max when Johnston came to the garage one day? That was the first time they met. Jack didn't mind me looking after Max and Johnston needed the help. Johnston has used Jack ever since.'

'So that was as far as the relationship went?'

'Doesn't relationship mean married?' James questioned.

'Not necessarily. James?' Gibbs probed.

'I think so.'

'Did they seem to like each other?'

'Yeah they got on well. But there was an argument the last time Johnston came to the garage if that's what you mean?' James continued as Gibbs nodded. 'I assumed it was over prices or something.'

'Can you remember when that was?' Gibbs asked.

'Um.' James thought for a moment, 'It was about a week ago.'

...

'Agent Gibbs!' Director Shepherd shouted from the balcony. 'A word!'

James laughed before he was silenced by Gibbs.

'Uh oh.' Ziva said, after informing James that it was the Director of NCIS.

The Director paced in her office. 'Jethro. Am I right in thinking that DiNozzo cuffed a child? Then that you interrogated him without his guardian or a youth representative present?' she fumed.

'That was a mistake. And I only questioned him - I was waiting for a youth representative but she didn't arrive in time.'

'You mean you didn't contact her until you started questioning him?'

Gibbs remained silent so the Director took that as a yes. 'Seriously Jethro?' she said, exasperated. 'You're using that?'

'It's all I got Jen.'

'What if his godfather makes a complaint? This could turn into a managerial nightmare. What if it gets out that we interrogated a child?'

'That wont happen Jen. The godfather's the prime suspect. Are we done?' Gibbs assured her as he walked out. The Director nodded in disbelief - she couldn't believe that man!

...

Ziva and McGee interrogated the suspect but had to let her go after he alibi checked out. The woman was angry and threatened to sue - but Gibbs just said goodbye and let the Director deal with it. Jenny dealt with politics.

They still couldn't locate Jack Harper - he'd obviously gone on the run.

'Boss. I'm checking Johnston's bank records. There's four anomalies - one per week for the last four weeks. He seemed to be receiving payment from a back account. I'm tracing the source.'

'DiNozzo!' barked Gibbs.

'There was a sighting of Jack Harper in the north of the city four hours ago. I've only just heard from metro. And (DiNozzo took a deep breath) - he used to be in the army.'

'What?!' Gibbs asked incredulously. 'How come we only just found that out? How come his DNA didn't get a hit in the military forces database? DiNozzo!'

'Because it was put through the criminal records database first.'

'Abs had no idea he was in the army. He was dishonorably discharged 2 years ago for drug offences.' McGee inputted. Gibbs processed - then thought that something didn't add up. Abby was usually very thorough.

He worked it out. He moved over to DiNozzo's desk and head-slapped him. 'Conference room.' he ordered, leaving no room for argument.

'Tell me something useful David.'

'Yes. There is also four anomalies coming out of Harper's bank account to an unknown source. They might be linked.'

'McGee!'

'On it Boss!' The trace was found in minutes and originated from a bank in New Zealand. Gibbs wondered why a mechanic - ex-army he reminded himself - had this sort of money and why he needed an account in another country to store it.

'David, McGee go home. I want you back at 07.30 tomorrow.'

Gibbs sighed as they left via the elevator. He could no longer put of talking to James. In addition, he had to deal with DiNozzo.

Gibbs left DiNozzo to stew for 10 minutes. He thought he had it worked out - but wanted to check with Tony first. He made his way to the conference room.

He opened the door. DiNozzo was sitting and drumming his fingers on the table. He was used to this by now - Gibbs preferred to verbally reprimand his team privately rather than but it through management to get an official warning.

'You lied.'

'I didn't lie...' DiNozzo began.

'You're doing it again. What happened?'

DiNozzzo was in a stubborn mood and glared at Gibbs. Sometimes he could be so childlike. 'Tell. Me. What. Happened.' Gibbs ordered, making use of both his Gunny voice and Gibbs-stare.

'I told Abby not to do search in the military records database.' Gibbs nodded which told Tony to continue. He didn't - so Gibbs ordered him to instead.

'Why? We work for NCIS - it's protocol. We work military cases.'

'I didn't see the point.' DiNozzo said, and dropped eye contact.

Gibbs inhaled sharply. 'When you did you find out?'

'A couple of hours after Abby confirmed the DNA to be Jack Harper's.'

'Let me get this straight. You persuaded Abby not to do her job properly, you lied to me but not telling me straight away, you broke protocol and when confronted you lied again?' Gibbs was still using his Gunny voice. DiNozzo was still looking at the floor.

Gibbs closed the gap between them and looked DiNozzo straight in the eye. 'Answer me Tony.'

'Yes Gibbs.'

Gibbs acknowledged this and stepped back. 'This is pretty bad. Breaking protocol is enough to get you a written warning.' DiNozzo looked guilty. 'Listen. For the next two weeks you do all the Probie work. Understand? No delegating.'

DiNozzo nodded, defeated. Gibbs knew he hated this - he loved being the Senior Field Agent. 'Right. If you lie again I'll make it 2 months and you'll have to help clean up autopsy every night. I don't tolerate lying.' DiNozzo once again nodded.

'Right. Go home. I want you back at 07.30.'

...

On his way to autopsy he told Abby to go home (after removing her three favourite CD's from her collection for not doing her job properly) - after pouting she complied as she was meeting with the nun's tonight.

'Can you give us a minute Duck?'

'Of course Jethro. My filing cupboard needs attending to. Mr Palmer - please vacate the vicinity.'

'Dr. Mallard?' Palmer asked.

'Go home Palmer.' Gibbs said. Jimmy understood that.

'Something wrong Gibbs?'

'What makes you think that?' Gibbs asked James.

'Your face looks funny.' James replied with no hint of sarcasm. Gibbs was surprised - he wasn't used to people picking up on his features.

'Sit. I have to tell you something.' After waiting for James to sit Gibbs spoke, 'There's a chance Jack might be involved in Colonel Johnston's murder.' There was no point beating around the bush with it. James looked blank for a moment.

'How high a chance?' he asked. Gibbs considered lying, but as he always told his people not to lie, it would be hypocritical. And James could take it.

'Very high. He's a suspect.'

James finally nodded. Gibbs realized he may as well continue, 'It's likely to be a murder charge. Is there anything you want to add?' Gibbs asked gently.

James ignored that question for a moment. 'Was it an accident?'

Gibbs blanched. What should he say? 'It started as one.' James was puzzled by this but left it at that, frowning he asked -

'What's going to happen to Max?'

'His mother will have him.' James scowled at this. When Gibbs asked whether that was a problem, James told him that it probably wasn't - it was just that she had never looked after him for more that two days at a time. They sat for a moment. Out of the blue James asked, 'What happens if I tell you... you know?'

'We'll need photographic evidence. They can be charged with grievous bodily harm. He'll go away for a long time.' Gibbs gently told James.

It was then James realized - Gibbs knew who it was anyway - he just the needed confirmation.

'Ok.' James said slowly. 'It's Jack,' he whispered and looked away.

'Hey, Matthew. Look at me. That's nothing to be ashamed off. It took a lot of strength to tell me that.' James finally looked a Gibbs, who gave him an encouraging smile. Ducky was called back in which helped relieve some of the uneasy tension from the room.

James only flinched once as Ducky unwrapped his bandaged arm and unravelled his chest. Ducky took the photographs quickly and efficiently and Gibbs saw for himself James' back - he kept his face passive for James' sake. James tried to look indifferent as the process took place but was obviously uncomfortable. Finally, Ducky wrapped James back in bandages and instructed him to leave the chest bandages on for just one more hour as the swelling was reduced.

At that Ducky made to leave, biding goodnight to James and Gibbs in the process. Gibbs walked back to the elevator with James.

'Well done James. You did really well.'

...

James had just about recovered by the time they had both walked up the steps to the Directors office. Just before passing Cynthia's desk Gibbs took James aside and told him, 'You're in my protective custody now. You'll be staying with me tonight.' James looked confused.

'Before you ask - no I don't mind.' Gibbs said to James, who just nodded. Gibbs told him to stay there for a moment and entered Jenny's office.

'I need to to sign these paper's to put James in my protective custody tonight.'

'Ok. Any more progress on the case?'

'No - Jack Harper is still the main suspect.'

Jenny nodded and signed the form. Just as Gibbs turned to leave she said, 'It early Gibbs - only 7.45!'

'Yeah.' Gibbs responded.

'Wait - whereabouts of Jack Harper?'

'Metro have a BOLO out and we are spreading the word.'

'Good. Night Jethro.'

'Night Jen.'


	6. Chapter 6

**Chapter 6**

Disclaimer: I own none of the NCIS characters.

James didn't talk much on the way back - Gibbs didn't blame him - he was probably shattered. Back at the house Gibbs told James to make himself comfortable on the couch. He then helped James remove the bandages from his chest. That created a tension which Gibbs immediately tried to remove - he went to fetch a glass of water for them both. James frowned at him - 'It's past eight. There's no way you're having coffee.' They lapsed into an uncomfortable silence.

'Relax.' Gibbs said. 'I'm gonna order pizza. You like pepperoni?' James nodded and they both felt a tension release. To finish it off, Gibbs told him to turn the TV on. James tried not to show his surprise at finding it black and white.

Gibbs returned annoyed because his regular pizza place had a new phone person - he didn't know what they were called - who had taken ages to place his order and managed to hang up on him twice in the process. 'Pizza will be here in 25 minutes.' James nodded, not sure what to do with that information. James then continued to give Gibbs strange looks.

'Hey Gibbs? What did you do before you joined NCIS?'

'I was a Gunny.'

'In the army?' James asked.

'No. Marines.'

James nodded with understanding before adding, 'Is that where you get the voice from?'

'What?' Gibbs grinned. He thought he knew what James meant.

'You know the voice you use sometimes? Jack's boss used it when I met him once.'

'Maybe.' This seemed to satisfy James, who went back to watching TV.

'Do you know why he left the army?' Gibbs wondered.

'Something to do with discharge?' James answered innocently.

Gibbs smiled - you could still see James was only 10. 'You mean he was discharged. That's what it's called when you're no longer in the army.'

'Oh. Right.'

'So how come you were in foster care?' Gibbs asked. He knew James wouldn't want to talk about it, but it was puzzling him.

'Jack was on tour.' James replied, straight faced.

'But yet you traveled from England to America to live with him?

'Yeah. Missed him by a day.' James said bitterly. Jeez, this kid had had one hell of a life. Gibbs was annoyed - social services had obviously sent him off to America before properly checking his godfather was available. Gibbs was in disbelief at the lack of communication.

They once again lapsed into silence (but Gibbs was relieved it wasn't awkward) before James suddenly said quietly, 'They wouldn't let me go to her funeral.' Gibbs knew he was talking about his mother. He wanted to reach out to James but he didn't want to scare him or push him away. Instead, he was forced to say nothing.

Gibbs looked at James, 'Hey you know what? I think you should take a bath.'

'What! I am not taking a bath.' James retorted, his attitude reappearing.

'Yes you are. I think it's a good idea.'

'I don't think it's a good idea.' James replied stubbornly and shook his head.

'Never mind. Come on.' Gibbs said. James once again tried to out-stare Gibbs but faltered as Gibbs stared back at him. While walking up the stairs he added, 'And we wouldn't want you to smell.'

'Hey' James protested but grinned nevertheless.

When the tub was full James merely looked at it. Gibbs made to leave, telling James he had 15 minutes.

'There's no way in hell I'm taking a bath. I'm too old.'

'I'll pretend I didn't hear that. Either you get in yourself or I put you in fully clothed.'

James was stubborn and remained still - Gibbs made to close the gap. 'Alright! I'll get in the bath.' James grumbled at Gibbs.

'And remember not to get your arm bandage wet - Ducky wont be happy!'

...

Gibbs took a deep breathe. He couldn't explain what he was feeling - he just felt that he should give James that small NIS t-shirt he had. The only problem was that it was Kelly's - which meant going into her room to get it. Taking one final shuddering breath he entered her room and was immediately surrounded by pink. For the first time in a while, Gibbs smiled as he remembered his daughter - he'd forgotten how much Kelly had liked pink. Still smiling to himself, which was unusual for him while being in this room, he found the NIS t-shirt in her drawer along with some pj trousers that looked like they might fit James - he was small for his age. Before leaving, Gibbs took a final glance round the room.

James came downstairs in the NIS t-shirt and the pj's that Gibbs had left outside his door. Again he looked awkward and Gibbs cursed the bastards who had made him like this. The TV was still on so James took the inferred suggestion to sit down. Gibbs stole a quick look - he was only 10 yet he sometimes seemed older - only occasionally though, Gibbs thought wryly.

'Gibbs?' James asked. Gibbs looked at him. 'Never mind.'

Less than two minutes into the next show, the doorbell rang and the smell of pizza wafted into the sitting room. Gibbs paid the delivery man and took the food into the kitchen. James watched as he got out plates and told him to take a seat. That was the funny thing about Gibbs - he would happily eat rubbish food but he always insisted to eat at the table. Gibbs put two slices of pizza on each of their plates and proceeded to eat.

'Gibbs?' James tried again, 'Do you have a daughter?'

'What?' Gibbs asked, he showed no emotion but gave James a piercing look. 'Why do you say that?'

'My pj's. They're girls ones.'

Gibbs had to give the kid credit for picking up on that - Gibbs had purposely chosen the blue pajama trousers.

'Yes. Kelly. She was eight years old.'

'I'm sorry. I didn't realize.'

'It's ok.'

They continued to eat comfortably. Gibbs thought how unusual it was for a kid to find out something like that and not ask more questions. So, unlike how he usually felt, he didn't rebuke the intrusion - he was just grateful that James hadn't found it unusual or odd. There was also the added bonus that James had lost the awkward vibe that he had brought to the table - he and Gibbs no longer felt uncomfortable. With that revelation, Gibbs helped himself to another slice of pizza and offered James one too. He refused.

'You've only had half a cheeseburger, some fries and two slices of pizza today. Are you sure you don't want more?'

'Yeah. The pizza's amazing though!'

Gibbs agreed but didn't push him to eat more - he probably wouldn't be hungry in James' shoes either. After finishing, Gibbs washed up (once a marine, always a marine) and told James to dry up. He did so without complaint - which surprised Gibbs - it seemed James was full of surprises.

After finishing the washing up, Gibbs took James downstairs to the basement. Gibbs worked on his boat and James was quite happy just to watch - he refused to help sand the sides. James laughed when Gibbs poured him some milk into a jar - after emptying the screws from it. Gibbs enjoyed that - it was a good sound. After about 30 minutes or so, Gibbs could see James was becoming tired. He hid it very well and was obviously used to being tired, but even so Gibbs thought it was time to persuade him to go to bed. Luckily the spare bed was made up - he never knew if one of him team was going to appear.

'James. I think you should go to bed.'

'Nah. I wont sleep much.' Gibbs was surprised at the honest comment.

'I've got some sleeping pills for you from Ducky. They should help.'

James considered this but obviously didn't want to take any pills. He stubbornly shook his head.

Gibbs sighed. 'James. Come on. Follow me.' He said in his Gunny voice.

James reluctantly obeyed - the idea of some good sleep was growing on him. He waited for Gibbs while he went to fetch the pills and some water before following him upstairs. Gibbs showed James the spare room and stood by the door . He handed James the pills and the glass and watched James swallow them.

'Just shout or come and get me if you need anything ok? I'll be downstairs for a bit and I'll come up later.'

James nodded, not quite sure of himself again.

'Goodnight James.'

'Night.'

Gibbs nodded back at James, returned James' smile and left the room.

...

Gibbs worked on the boat until past 1 - trying to gain control of his raging emotions. He hadn't felt emotions this strong since he'd had Kelly. He worked out his frustrations on the boat as he steadily settled into a regular rhythm. Around one thirty he went upstairs - but not before checking on James - who appeared to be sleeping peacefully. Later on, Gibbs realized he'd unknowingly broken rule 10.

Gibbs woke up around 4 am - he lied silently trying to work out what had woken him. He heard something downstairs and deduced that it must be James. Nevertheless, he grabbed his penknife and made his way down to check it out. What he found was James rummaging in a kitchen drawer, the light on and some paper on the table. Gibbs knocked on the door to make his presence known which caused James jump about a mile in the air and spin around.

His eyes wide he said, 'I'm sorry. I didn't mean to wake you. I'm sorry - I'll leave you. Sorry.' James stuttered.

Gibbs hated that reaction, 'It's ok don't worry. Relax, I don't mind. You couldn't sleep then?'

James couldn't quite relax and said, 'Uh. No. I was just...um...looking for a pencil sharpener.' He said awkwardly, as he rushed over to the table to grab the papers.

'You were drawing?' Gibbs was surprised that James had managed to find a pencil, let alone paper, in his house without going into the basement (Gibbs had forbidden that).

'Yeah. So what?' James went on the offensive.

'It's fine. Relax.' Gibbs went on the hunt for a sharpener - he was sure he had seen one in here in the last year at least. After finding one inside a salad bowl he never used, he handed it to James. 'So you like to draw then?'

'Yeah.'

'So you're ok then? You don't need anything?'

'I'm fine. I'll go upstairs if you want to be here? I didn't mean to wake you up.'

'Stop worrying. I'll just get some water and head back upstairs. See you in the morning.' Gibbs turned to leave, not asking to see the drawings - James obviously hadn't wanted him to see them. He wondered if he should have found James another sleeping pill, but decided against it. James was obviously used to this.

Gibbs didn't change his usual routine in the morning - he got up at 6.00, showered, dressed and made his way downstairs. He went into the kitchen to make some coffee - and found James already there - coffee in hand. Gibbs was surprised but didn't show it - not many 10 year old's would be up at this time. He poured himself some coffee - James had conveniently made extra. As Gibbs tasted it he realized it wasn't half bad - and he refused to drink bad coffee.

'So did you manage to get any more sleep?' Gibbs asked, noticing that the paper was still on the table (complete with the pencil and sharpener).

'A bit. Maybe another hour and a bit.' James remarked casually, as though being awake for hours in the night was nothing unusual.

Gibbs nodded. 'Hey. If you want food there's cold pizza in the fridge.' He said as he made his way over to it.

'Pizza. For breakfast - that's awesome!' Gibbs grinned at James' enthusiasm. This morning James managed to put away two and a half slices. Gibbs was pleased as the kid hadn't eaten much the day before.

'Hey. Get dressed. I need to get to work.'

James put his plate in the sink - he must be a quick learner - and went upstairs to change. Gibbs finished his morning jobs, which included another cup of coffee, and took the opportunity to sneak a look at James' drawings. As he looked he realized James had drawn what consisted of his boat - complete with background tools. It wasn't amazing, but it wasn't bad either.

James didn't take long to change. He returned within five minutes, in the same attire he'd worn the day before. He glanced at Gibbs before looking at the table. Wordlessly, he went over and grabbed his drawings and scrunched them up before shoving them in his pocket - avoiding eye contact.

Gibbs wanted to tell James not to do that, he wanted to praise him for the drawings, but he knew James would reject it. So he said nothing about that action and merely asked if James was ready to go. James nodded. Gibbs was just thankful that the awkwardness of the pencil-sharpening incident had not returned.

James was fairly alert on the journey - he asked Gibbs questions about his work and asked more about his boat. Gibbs answered in his usual static way, but James didn't seem to mind. Every now and then during the 15 minute drive they would lapse into a comfortable silence. Gibbs wanted to ask James some questions, but he didn't want to ruin his current mood. They got to the office at 6.45 exactly - Gibbs' timings were like clockwork. He followed his usual office routine of checking messages and doing paperwork. He thought he should check in with Jenny and so he called Ducky to see if he was in yet.

Ducky arrived upstairs about 3 minutes later, already in his scrubs, to collect James. James put up a bit of a fight - but the combination of Gibbs-stare and the promise of tea downstairs eventually managed to change his mind.

Gibbs walked into the Director's office - unannounced as always. 'Jethro!' Jenny exclaimed, 'You have to learnt to knock.'

'I know how to knock.' Gibbs retorted. Gibbs couldn't help it - Jenny would always be his probie. The Director left it at that, knowing that there was no arguing with Gibbs sometimes. They talked about the case and Jenny ran some non-related ops past Gibbs. It was 07.35 when realized he had to get back to his team - none of them would dare to be late for a case like this. He bid goodbye to Jenny and began to walk away.

The Director took a risk, 'Rule 10 Gibbs. It's getting close to breaking.'

Gibbs scoffed at Jenny and told her not to worry. Little does she know, he thought, that that rule was already out the window.


	7. Chapter 7

**Chapter 6 **

Disclaimer: I own none of the NCIS characters.

The team had been wordlessly working all morning, desperate to find Jack Harper. Gibbs was getting more frustrated. He sent DiNozzo and McGee to question the single co-worker of Jack while he sent Ziva to question Johnston's unit. Both parties came back with nothing - it seemed no one knew of a monetary agreement between the two. They started working another another angle of the case - blackmail.

Down in Abby's lab, she had finished processing the evidence. With all evidence of the case safely tucked away in the evidence locker, she went to retrieve James. James was once again amused by Abby - her attire, attitude and distinctive taste in music.

'Hey James,' Abby said as they walked away from autopsy, 'You want that tour now?'

James grinned at Abby. 'I thought so.' She smiled.

Abby started from the bottom of the building and worked upwards. She showed him the evidence garage - James found it particularly amusing when Abby put on her red overalls. As they walked towards the squad room through the accounts department, James asked, 'How long have you worked for Gibbs?'

'Technically, I don't work for Gibbs. But a long time.'

'You do work for me Abs.' Came a voice from behind him. Abby jumped and turned around to face Gibbs with a guilty face.

'Gibbs! But technically I work under the Director.' Abby tried.

'I don't care. You answer to me.' He said with a wry grin. Abby couldn't disagree with that so she just grinned back at him. 'Director needs to see you Abs.'

After Abby bounced off, James couldn't help noticing that Gibbs looked grim.

'Good tour?'

'Yeah. Abby showed me how to fingerprint. It was awesome.'

Gibbs nodded and motioned for James to follow him. As he did, James asked, 'What's wrong Gibbs?' Gibbs still wasn't used to people picking up on his features so quickly.

They continued to walk before Gibbs said, ' This might be hard for you.' He paused. He waited until he was in the elevator until he hit the emergency stop. 'It's Jack. He's been seen an hour from here. The local p.d. picked him up. They're bringing him here now.'

James digested this information, keeping his face blank. 'What a p.d.?'

'Police department.' Gibbs answered, watching James closely. Eventually he nodded, but refused to make eye contact with Gibbs. Gibbs wanted to ask if James was ok, but he knew James would reject it. He would talk when he was ready.

Gibbs decided they should continue and the lift began to move again. He was taking James to Ducky, after having rung Ducky first. He had found out that Palmer was doing an enrichment course at college the whole day - not just the morning as he'd originally thought - he didn't think James could handle Jimmy right now. Just before they left the lift, James asked, 'I don't have to see him do I?'

'No. Of course not.' Gibbs reassured him.

...

Back in the elevator - alone this time - Gibbs once again again hit the stop button. He took a couple of deep breaths in an attempt to control his temper. There were only rare occasions when he stopped the lift alone - usually in child-related cases. He wanted his temper under control so he could interrogate Harper. He also wanted to get him for James' sake. With one last heavy breath, he hit the stop and put on a straight face.

He checked in with his team before going into interrogation.

DiNozzo spotted him and said, 'No - I haven't been in there Boss. He's been stewing for 10 minutes.'

'The bastard doesn't deserve a chair.' McGee muttered. The rest of the team raised their eyebrows - McGee never used language like that. It was that moment when Gibbs realized he needed to do this for the whole team.

'He's all yours Gibbs.'

...

As soon as Gibbs opened the door he could feel the anger radiating off the man. He immediately glared at Gibbs.

'Why the hell am I here? Who the f**k are you?'

Gibbs understood where James had picked his language up from - Jack was now calling Gibbs a string of colorful names. He mentally shook himself - he must focus.

'You were told why you were arrested. Tell me why you murdered Johnston.' Gibbs had a dead straight face - the one his team knew well.

'I didn't kill him. I want a lawyer.' Harper said angrily.

'Liar.' Gibbs slammed his hand down on the table.

'Ah yes.' Ziva said inside the viewing room, 'I wondered when was going to get the big guts out.'

'Guns Ziva. Big guns.' DiNozzo corrected her. There was another crash from interrogation and they turned back to watch.

Gibbs continued,' You went to Johnston's home at 6.50 to talk to him. You argued and started a fight. He put a stop to it. You were both in the military so you were well matched.'

Jack Harper refused to look at Gibbs and, in complete denial, stared straight ahead.

'Tell me about the money.'

'I have no idea what you are talking about.' (he employed another colorful word)

Gibbs growled, stood up and went over to Harper's side of the table, where he began to invade his personal space. He whispered in Jack's ear before standing directly behind him.

'Try again.' he muttered.

'Johnston was paying me for my silence. He had a contract with Forks - an engineering company - and didn't want to corps to know.'

Gibbs understood - it was frowned upon for marines to have a job with private company whilst still serving.

'So you were blackmailing him?' There was no reply. Gibbs turned to leave.

Jack called out, still angry, 'What's the time for blackmail?' Gibbs hated that attitude.

'Tiny compared to what you're getting.' and he slammed the door.

'That checks out, Boss. Johnston must have been working under the ALIAS of Mark Cooper. So all the money went to a bank account registered in that name. He's been working there for a year so it wasn't recognised as an anomaly on the checks we did. I've just asked Abby to confirm there is a Mark Cooper working there. '

DiNozzo, sometimes hating to be the voice of reason said, 'We're gonna have to get him a lawyer if he asks again.' Gibbs glared and DiNozzo looked apologetic.

'DiNozzo, I want you in there with me next time.' DiNozzo nodded.

Gibbs left to get some photos, with the idea to get Harper to admit to abusing James before building it up to a murder charge.

Ten minutes later he returned, and he and DiNozzo entered the room together.

'What is this?' Harper spat, 'A double whammy?'

'Shut up and listen. Explain this.' Gibbs ordered - making use of the voice he'd picked up in the marines.

'What the...'

'Explain. Now!'

'What the hell is this meant to be?' He yelled. However, to DiNozzo and Gibbs' well-trained eyes (seasoned NCIS investigators) they could see he was beginning to break.

'You abused this kid. You have been for years. Yesterday you gave him a 5 inch cut on his forearm.' Gibbs added.

'It's not abuse.'

'Oh so what the hell is it?' Gibbs raged.

'I should never of had to take care of that kid.'

'You never once took care of him. You just drank.'

Gibbs knew this may not have been true, but in most cases of abuse the abuser was a heavy drinker - so it was worth a shot.

'I never remembered hitting him.' he blurted out. Almost at the same time he looked livid - he knew he'd just given the game away.

DiNozzo commented to Gibbs calmly, 'I'd say that was enough for GBH wouldn't you Gibbs?'

'Definitely.'

'Argh!' Harper almost screamed, 'I'm going to kill that kid.' and stood up violently.

'Like you killed Colonel Johnston?'

'I didn't kill him.' Harper was still shaking with anger.

'Your DNA was found on him. Explain that.'

'I didn't...'

'Don't even try that again. Explain. Now.' Gibbs ordered with enough force to make an entire unit cringe.

'You know Gibbs,' DiNozzo said calmly, 'I reckon we could add the attempt to allude arrest to the list of charges. It would add another 3 years to the sentence.'

'Alright! I went over in the morning to talk to him.'

'Why?' demanded Gibbs. That was Tony, Gibbs thought, he just added that extra dynamic to an interview.

'I wanted more money for my silence.'

'Continue.' Gibbs growled.

'He refused. We threw a few punches. He didn't want to get into a full blown fist fight so he stopped.'

'So you pushed him?'

'He turned to go back inside but I called him round again. Then I pushed him - he hit his head as he fell backwards. It was an accident.'

'But grabbing his knife and stabbing him wasn't.' Gibbs finished for him.

'Come on DiNozzo. We have enough.'

Jack started to protest as the door slammed on him - the team were waiting. Gibbs concluded all their thoughts with one word.

'Bastard.'


	8. Chapter 8

**Chapter 8 **

Disclaimer: I own none of the NCIS characters.

_Author's Note: This is the final chapter - the whole story was a bit longer than I thought it would be! I really enjoyed writing it so thank you so much for all your reviews and support. _

Gibbs and the team were busy writing up their reports. It wasn't late - only around four pm - but his mind was elsewhere. He knew he should really make a call to social services in order to get James back into the system as quickly as possible. Gibbs' unease was evident in the room and the whole team felt the tension. Everyone knew James had got on with the team - he'd just fitted in.

Ziva, still being the newest to the team, decided to breach the subject.

'I shall call social services for you Gibbs - yes?' She said in her blunt way.

The glare she received in return made her want to disappear into her chair. McGee and DiNozzo both felt it too and sent her sympathetic looks.

'I want your reports on my desk in 20.' Gibbs ordered as he left the room.

'Smo-ooth Ziva. You just pissed him off.' DiNozzo commented. Ziva glared at him.

'20 minutes!' McGee exclaimed, 'There's no way I'm gonna get that done!'

The team lapsed into silence and continued to type their reports. This time McGee brought up the question they all wanted an answer to. 'What do you think Gibbs is going to do?' This led the team to have a quick and quiet discussion (you never knew if Gibbs was listening in) in which theories snow-balled, with each one becoming more far-fetched than the last. They came to no conclusion.

...

'Got a minute Duck?' Gibbs asked as he entered autopsy.

'Of course Jethro.' Ducky replied, giving Gibbs a piercing look.

After informing Gibbs of James' whereabouts, Ducky said, 'Sit Jethro. It's not often I get the pleasure of your company as a social call.'

'How do you know it's a social call Duck?' Gibbs asked as he took a seat.

Ducky replied with a smile, 'Jethro, you are not always completely unreadable.'

Gibbs huffed. Ducky, not wanting Gibbs to feel pressured, busied himself making tea.

'It's James, Duck. There's something...' Gibbs paused. He wasn't used to this 'sharing his feelings' business. Nevertheless, he really needed his friend's advice right now.

'Ah yes. He's a bright boy.'

'Yeah.' Gibbs stood up and paced. 'I don't want him to go back into care. It'll never work - he wont respond to it.' Gibbs paused a bit more - but he wanted to say what he was really thinking - that he wouldn't grow up in a steady environment, he would be constantly changing schools, areas, houses, friends... The list went on.

'Yes.' Ducky commented, 'I know what you mean Jethro.' Gibbs decided he had to say it - they both knew it anyway.

'He's too old. There's not many people who want to adopt a boy of 10 - or maybe even foster. He'll have to go into a home.'

'Ummmm.' Ducky sat down with his tea and locked eyes with Gibbs.

'I don't know what to do Duck.'

'Oh I think you do Jethro.' Ducky told him.

'It's been a long time.' Gibbs admitted.

'It doesn't matter.' Ducky said firmly.

Finally, Gibbs nodded and gave a comfortable smile. He felt better as he turned to leave. Before he did, he turned around once more, 'Thank you Duck.'

'Anytime Jethro. Anytime'

...

Gibbs practically flew into the Director's office.

'I need a favour Jen.'

The Director didn't stop typing but said, 'Oh I don't know Jethro. I give you a lot of favours. I mean, the leeway I give you and your team...'

'Please Jen.'

Jenny looked up in shock. She could count on one hand the number of times she could recall Gibbs saying please.

'Um. Ok.' She stuttered, she was still completely awestruck.

'I need to you to make a few calls. I want,' He paused and took a deep breath, 'to adopt James.'

She began to say something, but the genuine look on Gibbs' face stopped her.

'Of course Gibbs. I'll get straight to it.'

Gibbs nodded, 'Jenny?'

'Jethro?'

'Thanks.' Jenny nodded her acknowledgement. She was completely surprised by the turn of events. Bemusedly, she picked up her phone and began to call.

...

Back in the bullpen, Gibbs took in the scene before him. All his agents were at their desks, with their completed reports deposited in his in-tray. He walked into the middle of the room. Still being Gibbs, he got straight to the point.

'All of you, good job.' The team looked up to acknowledge the compliment. 'I thought I should say I'm adopting James.'

They all sat there in a stunned silence. Finally McGee said, 'That's great Boss. Really great!' The other two nodded and said similar things. However, Gibbs continued to talk and let them know his thoughts about what would happen next.

...

Just a bit later, Gibbs was once again leading James to a conference room. He would have spoken to him in Abby's lab, but he knew she wouldn't have been able to keep the news to herself (she would have undoubtedly been updated by McGee).

After they had entered, James sat and waited for Gibbs to talk. Gibbs smiled at the intuition. James remained completely indifferent when Gibbs gently told him the outcome of the case. There was silence as he digested the information.

'I have to go into care again, don't I?' James asked gloomily.

'Well, there is an alternative.'

'Alternative?'

'Yes. There's someone who's willing to adopt you.'

'Today?'

'Yes. If you're happy with that. You're not being forced.' Gibbs wanted to make that very clear.

James thought for a bit. Quite a long time actually.

'I never wanted to go back into care Gibbs. That's why I put up with... you know.' James said quietly.

'I know. Just think about it.'

Another another long pause, James finally said, 'I guess I could go meet them? Or is it just one person?'

'Just one person.'

'Ok.'

Gibbs and James exchanged looks - neither of them being good at expressing their emotions. As they walked back to the squad room, Gibbs added, 'He's already here if you want to see him. In a different conference room. I have something to do but DiNozzo will take you.'

'Right. And Gibbs, I want to say...'

'I know. Don't mention it.' Gibbs left James with the team, and with one final nod left via the elevator. Gibbs was annoyed in the elevator, he had wanted to tell James there and then - but the Director had needed to confirm some details first.

After a bit of light hearted chatting, DiNozzo led James back towards the conference rooms.

'DiNozzo?'

'Call me Tony.'

'Tony?'

'Yeah?'

'How come you speak Italian?'

'My family is Italian. DiNozzo is an Italian name.'

As James nodded, Tony wanted to ask him the same question, but didn't want to change the mood.

'See ya James. Keep at it.' Tony said when they reached the door. James wasn't keen to go in.

'Bye. Um - say bye to everyone for me.' DiNozzo nodded and gestured for James to enter the room. He watched as James took a deep breath before he entered the conference room.

At first, James couldn't see anyone. As he fully entered the room, he spotted Gibbs leaning against the far wall.

'Gibbs?' He asked, completely oblivious, 'Is he not here yet?'

'Just wait.'

James decided to do just that and took a seat. After a while, he got bored and walked around the conference table. He also looked out the window. Just as he started to examine the coffee machine, he suddenly spun around to face Gibbs. Gibbs had been watching in amusement during this process. Gibbs saw the spark of understanding appear in his face - it had obviously clicked.

'Wait? What? Gibbs? You?'

'Yes,' Gibbs said, glad James had finally worked it out. 'If you want.' Gibbs couldn't get over how happy he felt - he couldn't stop smiling. James grinned - it was infectious- but suddenly it was replaced by a frown.

'You don't want me Gibbs. I'm too screwed up.'

Gibbs smile vanished. Instead, he went over to James and knelt in front of him. 'You listen to me Matthew. You're not screwed up. You're a great kid.'

'Are you sure?' James asked, still uncertain.

'Absolutely. I don't say things I don't mean.'

James thought for a bit longer. Gibbs smiled as his face finally lit up.

'That... that would be great Gibbs. It's amazing.'

...

The grinning due made their way back to the squad room. James asked, 'Is it ok if I call you Gibbs? Jethro's a funny name!'

'That's fine.' Gibbs replied, sharing a look with James.

Back at the bullpen, it was obvious by the guilty faces that they had only just stopped talking about them seconds before.

'You guys are mean!' James joked at them. The team grinned at him.

'Am I interrupting something?' the Director said, smiling, as she approached them from behind.

As half the team jumped, Gibbs answered, 'I just told James the news.'

The Director smiled at James and said, 'Hello James. I've heard a lot about you.'

James looked mischievous and replied, 'Oh. I don't know much about you.'

The Director and the team all laughed at that (except Gibbs who gave James a half-exasperated look).

'This is the Director of NCIS James. She made some phone calls for me.'

'Oh.' said James, suddenly serious. 'Thank you Director.'

'You're very welcome James. I'm sure I'll see you again.' The Director told him as she walked away from the group. Gibbs nodded another thanks in her direction as she went up the stairs.

'Come on James. Let's get you home.'

'Yeah,' James said, 'Home.'


End file.
